Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Cause pollution definition

What does Cause pollution mean? Describes the legal test for whether a person or business has caused a polluting discharge or emission, triggering environmental liability and enforcement. In UK and Irish practice, many offences are framed as “cause or (knowingly) permit” pollution or an unpermitted water discharge, groundwater activity, waste operation or emission. The meaning of “cause” is developed mainly in case law: a party causes pollution if they create or materially contribute to the state of affairs from which the pollutant escapes, even without intention, negligence or knowledge. Equipment failure or ordinary third‑party acts will not usually break the chain; only an extraordinary intervening...

Discharges from sewers and drains: rights, nuisance/trespass liability, environmental permitting, offences and exemptions (England and Wales), including Manchester Ship Canal v United Utilities (No 2) 2024

Published by a LexisNexis Environment expert

Practice notes

Right to discharge

A sewerage undertaker has no statutory authority under the Water Industry Act 1991 (WIA 1991) to release water or other material from its drainage network onto another’s land or into the waters of others. As a result, any current discharge by a sewerage undertaker without the consent of the relevant land owner amounts to trespass. Historically, when sewerage functions were exercised by public bodies, those bodies benefited from an implied right to discharge under the Public Health Act 1875 and the Public Health Act 1936. Therefore, discharges made prior to 1 December 1991—the date when the pertinent provisions of the WIA 1991 took effect—remain lawful. For more information, see News Analysis: What facts define the cause of action in trespass? (Manchester Ship Canal Company Ltd v United Utilities Water Ltd). The continuation of a pre-existing discharge is constrained by WIA 1991, ss 117(5) and (6), which prohibit discharges that cause pollution or amount to a nuisance, and by WIA 1991, s 186(3), which forbids the injurious affection of watercourses, or the supply, quality or fall of water contained within them. Manchester Ship Canal Company Ltd (MSCC) v United Utilities...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...